AFS Policy Statement on Mining and Fossil Fuel Extraction Revised 2016

1 Position Paper and AFS Policy Statement on

3 Robert M. Hughes, Amnis Opes Institute and Department of Fisheries & Wildlife, 4 Oregon State University, Corvallis, Oregon, 97333, USA, [email protected]

5 Felipe Amezcua, Instituto de Ciencias del Mar y Limnologia, Universidad Nacional 6 Autónoma de Mexico, Mazatlán, Sinaloa, México; [email protected]

7 David M Chambers, Center for Science in Public Participation, Bozeman, Montana, 8 59715, USA, [email protected]

9 Wesley M. Daniel, Department of Fisheries and Wildlife, Michigan State University, East 10 Lansing, Michigan, 48823, USA, [email protected] 11 12 James S. Franks, Gulf Coast Research Laboratory, University of Southern Mississippi, 13 Ocean Springs, Mississippi, 39564, USA, [email protected]

14 William Franzin, Laughing Water Arts & Science Inc., 1006 Kilkenny Drive, Winnipeg, 15 Manitoba, R3T 5A5, Canada. [email protected]

16 Donald MacDonald, MacDonald Environmental Sciences Limited, Nanaimo, British 17 Columbia, V9T1W6, Canada, [email protected]

18 Eric Merriam, Division of Forestry, Natural Resources and Design, West Virginia 19 University, Morgantown, West Virginia, 26506, USA, [email protected] 20 21 George Neall, P.E., Retired Mining Engineer, Fulks Run, Virginia, 22830, USA, 22 [email protected]

23 Paulo dos Santos Pompeu, Universidade Federal de Lavras, Lavras, Minas Gerais, 24 Brasil, [email protected]

25 Lou Reynolds, AFS Water Quality Section, Washington, Pennsylvania, 15301, USA. 26 [email protected]

27 Leanne Roulson, Bozeman, Montana, 59715, USA, [email protected]

28 Carol Ann Woody, Center for Science in Public Participation, Anchorage, Alaska, 29 99502, USA, [email protected]

30 EXECUTIVE SUMMARY AND POLICY STATEMENT

31 Mining (hard-rock, aggregate, deep & surface) and fossil fuel (coal, oil, gas) extraction 32 have the potential to significantly alter aquatic ecosystem structure and function. 33 Adverse impacts on water quality, hydromorphology (physical habitat structure), aquatic 34 biota, and fisheries include elimination and contamination of receiving waters; 35 significantly altered algal, macroinvertebrate, and fish assemblages; impairments of 36 aquatic-dependent wildlife; and climate change. For example, even at low 37 concentrations, mining-associated contaminants, such as copper, impair salmonid 38 olfactory function, thereby increasing predation susceptibility, altering migratory 39 behavior, increasing disease susceptibility, and reducing productivity. Despite predicted 40 compliance of permit conditions, many operating metal mines have violated water 41 quality criteria. Those permit conditions, or applicable regulations, are minimum 42 requirements and typically do not represent best management practices. Also, the 43 applicable regulations rarely account for the cumulative effects of pollution from multiple 44 mines. In the USA, federal law transfers metal wealth from the public to mining 45 companies, and shifts clean-up liability from those companies to taxpayers. The half 46 million abandoned hard-rock mines in the USA could cost $72-240 billion to clean-up; 47 the majority of those costs will fall on taxpayers. In addition, those costs do not include 48 clean-ups of the newer, larger mines being developed in more inhospitable 49 environments, nor the costs of spills, failures and accidents, such as that occurring in 50 the August 2015 Animas River spill. The Mt. Polley disaster, alone, has been estimated 51 to cost at least $500 million to clean up. Because of various economic factors, the 52 numbers of serious and very serious tailings dam failures have increased since 1960. 53 Surface mining temporarily eliminates surface vegetation and permanently changes 54 topography, as with mountain-top-removal-valley-fill (MTRVF) coal mines. Reclaimed 55 surface mines create a leach bed for ions producing toxic conductivity concentrations, 56 whereas altered hydrology produces flashy flows similar to urban areas. Underground 57 mines produce acid mine drainage that can eliminate most aquatic life across extensive 58 regions or alkaline mine drainage that alters ionic balance of freshwater ecosystems. 59 Oil and gas wells and product transport can cause devastating spills in freshwater and 60 marine ecosystems. Hydraulic fracturing to extract residual oil and gas can contaminate 3

61 groundwater and alter surface water ecosystems, and a wide range of health effects 62 have been documented as a result of exposure to fracking fluids and gases. The 63 casings and grouting of abandoned oil and gas wells should be expected to eventually 64 leak and contaminate surface and ground water In addition, fossil fuel combustion is 65 fundamentally altering the global climate, sea levels, and ocean chemistry. Instream 66 and gravel bar aggregate mining can alter channel morphology and increase bed and 67 bank erosion, which can reduce riparian vegetation and impair downstream aquatic 68 habitats. Catastrophic mine tailings failures have killed hundreds of thousands of fish 69 and hundreds of people, and contaminated tens to thousands of river kilometers. Oil 70 and gas wells are exempted from regulation by several USA laws, despite growing 71 evidence of their detrimental effects on surface and ground water. Mines and wells 72 should only be developed where, after weighing multiple costs, benefits, beneficiaries 73 and liabilities, they are considered the most appropriate use of land and water by 74 affected publics, can be developed in an environmentally responsible manner, benefit 75 workers and affected communities, and are appropriately regulated. Because of 76 substantial widespread adverse effects of mining and wells on aquatic ecosystems and 77 related human communities, fossil fuel combustion effects on global climate, and 78 enormous unfunded reclamation costs for abandoned extraction sites, the American 79 Fisheries Society (AFS) recommends substantive changes in how North American 80 governments conduct environmental assessments and permit, monitor, and regulate 81 mine and fossil fuel development. In particular, AFS recommends that:

82 1. Following a formal environmental impact assessment, the affected public should be 83 involved in deciding whether a mine or well is the most appropriate use of land and 84 water, particularly relative to the need to preserve ecologically and culturally significant 85 areas.

86 2. Mine or well development should be environmentally responsible with regulation, 87 treatment, monitoring, and sureties sufficient for protecting the environment in 88 perpetuity.

89 3. Baseline ecological and environmental research and monitoring should be conducted 90 in areas slated for mining and fossil fuel extraction before, during, and after 91 development so that the effects of those industries can be assessed in an ecologically 92 and statistically rigorous manner, and the resulting data should be made publicly 93 available.

94 4. This policy and related research should help inform the process of responsible 95 resource development for mining and fossil fuel extraction, and should guide the 96 implementation of the precautionary principle for those sectors.

97 5. A formal risk assessment of the cumulative atmospheric, aquatic, and oceanic effects 98 of continued fossil fuel extraction and combustion should be conducted and reported to 99 the public.

100 6. A formal risk assessment of the cumulative aquatic and oceanic effects of continued 101 hard rock and aggregate extraction and metals smelting should be conducted and 102 reported to the public.

103

104 ABBREVIATIONS AND ACRONYMS

105 ACOE: U.S. Army Corps of Engineers 106 AFS: American Fisheries Society 107 AMD: Acid mine drainage 108 CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act 109 of 1980 110 CWA: Clean Water Act of 1972 111 EA: Environmental Assessments 112 EIS: Environmental Impact Statement 113 IBI: Index of Biotic Integrity 114 ICOLD: International Commission on Large Dams 115 IUCN: International Union for the Conservation of Nature 116 MTRVF: mountain-top-removal-valley-fill mining 117 NEB: National Energy Board 118 NRC: National Response Center 119 OSM: Office of Surface Mining 120 PAH: Polycyclic Aromatic Hydrocarbons 121 RCRA: Resource Conservation and Recovery Act 122 SDWA: Safe Drinking Water Act 123 SMCRA: Surface Mining Control and Reclamation Act of 1977 124 TDS: Total Dissolved Solids 125 TRI: Toxics Release Inventory 126 USEPA: United State Environmental Protection Agency 127 USFS: United States Forest Service 128 WISE: World Information Service on Energy 129

130 INTRODUCTION 131 This policy is written to supersede American Fisheries Society (AFS) Policy Statement 132 #13: Effects of Surface Mining on Aquatic Resources in North America (Starnes and 133 Gasper 1995). That policy was focused on coal strip mining in the eastern USA. The 134 policy developed herein includes hard rock (metals) mining, fossil fuel extraction 135 (including coal, oil, and gas), and aggregate (sand and gravel) mining. Extraction of 136 metals, fossil fuels, and aggregate has been, and remains, an economically and socially 137 important land use in the USA (Figure 1) and elsewhere in North America, and North 138 American mining and drilling companies exploit minerals and fuels globally. However, 139 they can, and do, have substantial negative impacts on surface and ground water, 140 hydromorphology, water quality, and aquatic biota (Daniel et al. 2014; Figure 2), 141 aquatic-dependent wildlife, and human health. Thornton (1996) considered soil pollution 142 by potentially toxic metals and metalloids from abandoned mines an environmental 143 hazard in countries with historic mining industries. Because many North American firms 144 mine and drill globally and because strengthened regulations in North America may only 145 worsen mining and drilling conditions on other continents, we take a global perspective 146 but focus on the USA and North America in this policy. In the issue definition section, 147 we outline major environmental and socioeconomic concerns with mining. In the 148 technical background section, we first discuss metals mining, then fossil fuel extraction 149 and aggregate mining, including the major existing federal law regulating each type of 150 activity. Background materials are followed by suggested AFS policy intended to 151 support mining in a context that: 1) is the most appropriate use of land and water, 2) is 152 environmentally responsible, and 3) is appropriately regulated.

153 ISSUES DEFINITION 154 Mining and fossil fuel extraction practices are diverse, and have varied potential to 155 affect aquatic ecosystems and resources. Hard rock mining can eliminate extensive 156 aquatic habitat, degrade water quality and quantity, result in perpetual water treatment 157 needs, and reduce aquatic biodiversity and carrying capacity. Certain types of coal 158 mining can lead to releases of acidic materials into waterways, causing acute and 159 chronic effects. Kim et al. (1982) estimated over 7,000 stream kilometers in the eastern 7

160 USA are contaminated by acid drainage from coal mines. Failures of coal slurry ponds 161 worldwide killed hundreds of thousands of fish and hundreds of people (Wise 2011). 162 Mountain-top-removal-valley-fill mining (MTRVF), also used for coal extraction, can 163 increase stream conductivity (USEPA 2009) and eliminate waterways. Oil and gas 164 drilling, extraction, and transport increase the probability of direct water pollution, 165 sometimes resulting in acute fish mortality and persistent chronic toxic effects on 166 aquatic and marine biota (Rice et al. 1996; Upton 2011). Hydraulic fracturing 167 (“fracking”) creates the potential for serious persistent contamination of ground water as 168 a result of intentional rock fracturing, introduction of toxic fracking fluids, and the 169 inability to permanently seal abandoned well casings (Weltman-Fahs and Taylor 2013). 170 Nordstrom and Alpers (1999) estimated potentially billions of fish were killed by mining 171 activities in the USA during the past century. Aggregate is the most commonly mined 172 resource. Aggregate mining within floodplains alters channel morphology, increases 173 erosion and turbidity, reduces riparian vegetation, and impairs downstream water and 174 habitat quality, all of which can stress fish and other aquatic assemblages (Hartfield 175 1993; Meador and Layher 1998).

176 These risks to aquatic biota are created and compounded, in part, by inadequate 177 protective measures and regulation. There are approximately 500,000 abandoned 178 hard-rock mines in the USA, with associated clean-up costs estimated at up to $72 179 billion (USEPA 2000). Many of those abandoned mines will require perpetual water 180 treatment to address water quality concerns (USEPA 2004). Although accurate 181 remediation estimates are unavailable, The U.S. Environmental Protection Agency has 182 identified 156 mine sites with $24 billion of potential clean-up costs, of which 30% 183 lacked a viable payer (USEPA 2004). Acid mine drainage (AMD) and mine failures 184 potentially increase those estimates by 1000% (NRC 2005). Most of these expenses, 185 including all of those associated with abandoned mines, will fall to taxpayers because of 186 bonding (security) shortfalls and underfunding of the federal “Superfund Program” for 187 toxic waste site clean-up under the Comprehensive Environmental Response,

188 Compensation, and Liability Act of 1980 (CERCLA)1 (Woody et al. 2010; Chambers et 189 al. 2012). For example, Montana taxpayers face estimated reclamation costs of tens to 190 hundreds of millions of dollars (Levit and Kuipers 2000). WISE (2011) listed 85 major 191 mine tailings dam failures between 1960 and 2006, most at operating mines. Existing 192 USA law allows coal mining in potentially acidic coal seams if the coal company agrees 193 to treat the acid to meet water quality standards for as long as necessary. However, 194 this has resulted in a growing liability, with large river systems now depending on 195 perpetual treatment to maintain pH within acceptable limits. In Appalachian coal fields, 196 existing law fails to adequately regulate, with permitted MTRVF eliminating over 2,000 197 stream km in a 10-year period (USEPA 2000).

198 TECHNICAL BACKGROUND 199 Metal Mining & Processing 200 Physical and Chemical Effects on Aquatic Habitat 201 Exploration and development of metal mines follows a standard sequence. Helicopters 202 are used, or access roads developed, for exploratory drilling to assess ore 203 geochemistry and deposit size. Note that in many USA states, subsurface rights to 204 minerals, fossil fuels, or aggregate are not owned by the surface land owner —and 205 those subsurface rights have legal primacy. If exploratory drilling indicates the deposit is 206 large and rich enough to be economically viable, shafts or open pits are developed. 207 The subsequent metal mining and processing produce large volumes of waste rock 208 because only about 0.2-0.6% of the ore is recoverable metal (Dudka and Adriano 1997). 209 Major types of disturbance associated with mining include roads; utility lines; pipelines; 210 and housing. The mines themselves produce massive displacement of earth and rock 211 and waste rock piles. Ore processing yields tailings (fine sediments) left over after ore 212 crushing, chemical treatments, concentration, and metal removal. Dumple and heap 213 leach piles (crushed rock) are treated with acid or cyanide, which must be collected and 214 safely stored. Other toxic products include metal dusts, processing chemicals (e.g.,

1 The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) authorized the Environmental Protection Agency (EPA) to identify sites contaminated with hazardous materials, and to identify and compel those responsible to clean up the sites. Failing identification of a responsible party, USEPA is authorized to use resources in a special trust fund, known as the Superfund, to clean up the site. 9

215 xanthates), radionuclides, acid mine drainage (AMD), and tailings ponds (and potential 216 tailings pond failures) (Woody et al. 2010). Water that seeps into mines must be 217 pumped out to facilitate mining, and mines require large amounts of process water— 218 which is a potentially serious threat to aquatic taxa in arid and semi-arid regions. Such 219 changes can contaminate water, air, and soil; alter stream flows and ground water 220 levels; and increase stream sedimentation. In addition, smelting produces atmospheric 221 gaseous and particulate emissions, wastewater, and slag (melted and rehardened 222 rock). All releases of these waste products can be toxic to aquatic biota to varying 223 degrees. When mine water is removed to facilitate mining, the pumping lowers the 224 immediate water table, dewaters adjacent headwaters and hyporheic zones (ground 225 water immediately under stream beds), and introduces mine-contaminated waters 226 elsewhere (Dudka and Adriano 1997; Hancock 2002). As a result, mine contaminants 227 threaten fisheries and aquatic ecosystems, wildlife, agriculture, recreation, tourism, 228 drinking water supplies, human health, and industries that rely on clean water.

229 AMD is a serious common toxic problem associated with sulfide ore mining (USFS 230 1993; USEPA 1994; Sherlock et al.1995; Chambers et al. 2012), typically requiring 231 perpetual treatment or isolation (similar to the need to isolate radionuclides). Often 232 headwater receiving streams are extremely acid sensitive (acid neutralizing capacity, 233 ANC < 50 µeq/L) or acidification sensitive (ANC <200 µeq/L; Kaufmann et al. 1991), 234 and great volumes or distances are required to neutralize even small mine flows that 235 may carry 1,000 mg/L or 2,000 mg/L of acid. Acid introduction causes direct harm by 236 decreasing water pH and buffering capacity, and can leach metals (e.g., cadmium, 237 copper, zinc) from mine wastes, causing more environmental damage than the acid 238 alone. Literature and field observations indicate that mining sulfide ores creates a 239 substantial, unquantifiable risk to fisheries (Jennings et al. 2008), both through direct 240 toxicity to fish and toxicity to their prey. The United States Forest Service (USFS) (1993) 241 estimated that 8,000 to 16,000 km of western streams are compromised by AMD (USFS 242 1993). Iron hydroxide precipitates from AMD can coat streambeds, eliminating benthic 243 macroinvertebrates and fish and degrading spawning substrates.

244 Flow and channel alterations from mining reduce available fish habitat and biotic 245 diversity at the watershed scale (Frissell 1993; Smith and Jones 2005; Schindler et al. 246 2010). Increased fine sediment levels alter fish and macroinvertebrate assemblages 247 and affect sensitive species (Crouse et al. 1981; Waters 1995; Birtwell et al. 1999; Berry 248 et al. 2003; Bryce et al. 2008; 2010). A comprehensive study of 25 modern USA mines 249 indicated that 76% exceeded water quality criteria despite 100% predicted compliance 250 (Maest et al. 2005; Kuipers et al. 2006). The cumulative effects of such landscape-scale 251 changes have a negative feedback effect on long-term fish genetic diversity, production, 252 and fisheries (Nehlsen et al. 1991; Frissell 1993; Spence et al. 1996; Gresh et al. 2000; 253 Hilborn et al. 2003; Schindler et al. 2010).

254 Biological Effects 255 In many areas, mining-related activities changed trophic status of receiving waters as a 256 result of increased nutrient concentrations (Carpenter et al. 1998). Use of nitrogen- 257 based explosives can release ammonia, nitrite, and nitrate into surface waters. These 258 substances can be directly toxic to fish and/or result in eutrophication. Mining in 259 phosphorus-rich areas (e.g., apatite deposits) can release phosphate, an essential plant 260 nutrient. Such releases can also result in eutrophication or other changes in primary 261 productivity that can adversely affect fish. Freshwater algae are highly sensitive to 262 increased metal concentration that can occur from mining (Hollibaugh et al. 1980; 263 Thomas et al. 1980; French and Evans 1988; Enserink et al. 1991; Balczon and Pratt 264 1994; Blanck 2002; Nayar et al. 2004; Morin et al. 2008; Lavoie et al. 2012). The 265 increased incidence of deformed diatoms indicate detrimental genetic effects (Lavoie et 266 al. 2012; Morin et al. 2012). However, algal assemblages may persist as sensitive taxa 267 are replaced by tolerant taxa (Blanck 2002; Lavoie et al. 2012; Morin et al. 2012). For 268 example, discharge from metal mines led to increased percentages of very tolerant and 269 polysaprobic (capable of photosynthesis and consumption of dissolved organics) 270 species and reduced percentages of sensitive species of diatoms in large Idaho rivers 271 (Fore and Grafe 2002).

272 Toxic chemicals from mines have fundamentally negative effects on aquatic 273 macroinvertebrates. Mine chemicals altered the assemblage structure of benthic 274 macroinvertebrates in streams in Idaho (Hoiland et al. 1994; Maret et al. 2003), 275 Colorado (Beltman et al. 1999; Clements et al. 2000; Griffith et al. 2004), Washington 276 (Johnson et al. 1997), and Bolivia, including complete eradication of invertebrates as a 277 result of AMD (Moya et al. 2011). In southeastern Missouri’s current Viburnum Trend 278 Mining District, in situ bioassays indicated significantly lower crayfish biomass and 279 survival in mine sites than in reference sites (Allert et al. 2009), and field surveys 280 revealed significantly lower crayfish densities in mine sites than in a reference site 281 (Allert et al. 2008). In the old Tri-State Mining District of southwest Missouri, riffle 282 crayfish densities were significantly lower in mining sites than in reference sites and 283 crayfish metals concentrations exceeded levels toxic to wildlife (Allert et al. 2012). 284 Allert et al. (2013) reported significantly lower crayfish and fish densities and caged 285 crayfish survival in mine sites than in reference sites in the Old Lead Belt of 286 southeastern Missouri. Invertebrate and fish assemblages of western Montana streams 287 were severely altered by copper and gold mines, two of which had been abandoned 288 (Hughes 1985). Twenty-eight kilometers of Middle Creek, downstream of the Formosa 289 Mine, Oregon, have been destroyed by AMD, eliminating once productive salmon 290 spawning habitat and reducing macroinvertebrate abundance by more than 96% 291 (USEPA 2009). In the aforementioned cases, mines were not necessarily operating 292 within relevant regulations, however, negative effects on aquatic macroinvertebrate 293 assemblages have even been observed at cadmium, copper, and zinc concentrations 294 below water quality criteria (Griffith et al. 2004; Buchwalter et al. 2008; Schmidt et al. 295 2010). Recent studies have shown that freshwater mussels may be among the most 296 sensitive taxa to ammonia and certain metals (such as copper) that are released by 297 metal mines (Besser et al 2009). Possible reasons that the criteria were non-protective 298 include the absence of sensitive species or life stages, less-than-life-cycle exposures, 299 failure to assess behaviors and species interactions, and the absence of dietary 300 exposures from standard toxicity tests (USEPA 2010).

301 Fish assemblages also can be altered directly and indirectly by mining activities. In the 302 early 1990s, zinc levels in streams draining the Red Dog Mine, Alaska, killed fish for 40 303 km in the Wulik River and few fish remain in Ikalukrok Creek (Ott 2004). Fish 304 assemblages also were altered by AMD and metals from mines in Colorado 305 (McCormick et al. 1994), Idaho (Maret and MacCoy 2002), and Quebec (Dube et al. 306 2005). Farag et al. (2003) reported that Boulder River tributaries in Montana were 307 devoid of all fish near abandoned mine sources of AMD. Significantly fewer Chum 308 Salmon Oncorhynchus keta fry were observed in waters located downstream of an 309 abandoned copper mine in British Columbia (pH <6 and dissolved copper >1 mg/L) than 310 in the reference area. Caged Chinook Salmon O. tshawytscha smolts exposed to this 311 water were all dead within two days (Barry et al. 2000). The Ok Tedi mine, Papua New 312 Guinea, released waste rock, tailings, and an average of 16-20 µg/L dissolved copper to 313 the upper Fly River, resulting in fish biomass reductions of 65% to 96% in the upper and 314 middle river reaches and decimation of fish species in the upper river (Swales et al. 315 2000). Castro (unpublished data, Federal University of Lavras, Minas Gerais) reported 316 significantly lower fish Index of Biotic Integrity (IBI) scores in Brazilian streams receiving 317 iron mine effluent than in a neighboring reference stream. Esselman et al. (in 318 Chambers et al. 2012) reported <15% intolerant fish in an assemblage, once catchment 319 mine density exceeded one mine per 5 km2.

320 Low copper concentrations can have far-reaching behavioral and pathological effects on 321 fish, especially in low ionic strength waters. Dilute copper concentrations (5 µg/L) 322 impair salmonid olfactory function (Giattina et al. 1982; Hansen et al. 1999a; 1999b; 323 Baldwin et al. 2003; Sandahl et al. 2006; Hecht et al. 2007; McIntyre et al. 2008), 324 making them more susceptible to predation (McIntyre et al. 2012). In laboratory studies, 325 Hansen et al. (1999c) found that Rainbow Trout O. mykiss and Brown Trout Salmo 326 trutta actively avoided metal concentrations characteristic of those in the Clark Fork 327 River, Montana. Similarly, Woodward et al. (1997) reported that Cutthroat Trout O. 328 clarkii avoided metal concentrations simulating those found in the Coeur d’Alene River 329 basin, Idaho. The migratory behavior of Atlantic Salmon S. salar was altered by 330 releases from a New Brunswick copper-zinc mine (Elton 1974). DeCicco (1990) found 13

331 that Dolly Varden Salvelinus malma migrations were altered by an Alaskan copper mine 332 and Goldstein et al. (1999) observed altered Chinook Salmon migration associated with 333 Idaho metal mines. Wang et al. (2014) reported adverse effects on the survival and 334 growth of White Sturgeon Acipenser transmontanus at copper concentrations below 335 ambient water quality criteria and that sturgeon were substantially more sensitive than 336 rainbow trout.

337 Toxic metals also bioaccumulate in fish tissues (Swales et al. 1998; Peterson et al. 338 2007; Harper 2009) causing increased disease susceptibility (Hetrick et al. 1979; Baker 339 et al. 1983; Arkoosh et al. 1998a; 1998b), reduced growth and population size (Mebane 340 and Arthaud 2010), or death (National Academy of Sciences 1999). Hansen et al. 341 (2002) observed increased mortality in Bull Trout S. confluentus juveniles at copper 342 concentrations of 179 μg/L. In Mexico, tailings frequently are deposited in creeks and 343 accumulate in areas close to mines (Soto-Jiménez et al. 2001). Several species of 344 commercially exploited fish and crustaceans have been found to contain elevated 345 concentrations of cadmium, chromium, mercury, and lead as a result of exposure to 346 mining waste (Ruelas-Inzunza et al. 2011). Thus there are potential impacts not only to 347 the fish and crustacean populations, but also to human consumers of those aquatic 348 products.

349 Mining Districts 350 Mining districts are especially problematic to rehabilitate because they are defined by 351 the presence of multiple mines, covarying natural and anthropogenic disturbances, and 352 tangled liabilities. For example, the Coeur d’Alene mining Area (CDA), Idaho, covers 353 over 180 km2 with millions of tons of metals-contaminated sediment and soils. The area 354 was mined by American Smelting and Refining Company (ASARCO), a subsidiary of 355 ASARCO Incorporated, a subsidiary of Americas Mining Corporation, a subsidiary of 356 Grupo Mexico. The CDA was listed as a Superfund site in 1983, and USEPA sought 357 $2.3 billion for clean-up costs but only received a $436 million bankruptcy settlement for 358 the Bunker Hill complex (multiple sites and sources) in 2009. Partly because of the

359 funding shortfall, NRC (2005) reported that the USEPA clean-up 1) failed to adequately 360 address metal contamination of groundwater (the major source of surface water 361 contamination; 2) failed to rehabilitate physical habitat structure (precluding fishery 362 recovery); 3) failed to locate adequate repositories for contaminated sediments and soil; 363 4) developed treatment models based on mean flows (despite flood flows that 364 periodically re-contaminate reclaimed areas); and 5) inadequately assessed 365 rehabilitation effectiveness on fish and macroinvertebrate assemblage structure (NRC 366 2005).

367 Another mining district, Clark Fork Basin (CFB), Montana, has impaired 186 km of the 368 Clark Fork River. The floodplain contains nearly 4 million cubic meters of contaminated 369 tailings, covering an area of over 5 km2, and produced the largest Superfund site in the 370 USA. It was deemed technically impossible to treat all contaminated ground water in 371 the area, some of which contaminates surface waters. The mine pit (160 m deep, 1000 372 m wide) contains about 900 million L3 of AMD and metals and continues to fill with 373 ground and surface water seepage, requiring perpetual water treatment via a 30 million 374 liters per day plant costing $75 million to build and $10 million per year to maintain and 375 operate (NRC 2005; Chambers et al. 2012). Treatment of the ground water at the city 376 of Butte requires a $20 million plant and annual operating and maintenance costs of 377 $500,000. Capping the tailings pile and transporting the dusts are additional costs. The 378 USEPA sued the mining company, Atlantic Richfield Company (ARCO), a subsidiary of 379 British Petroleum, for $680 million for water treatment, culminating in a $187 million 380 settlement for Clark Fork River cleanup after 5 years of litigation.

381 Mine Spills 382 Fish kills resulting from hard rock mine spills have occurred worldwide. ICOLD (2001) 383 listed 72 tailings dam failures in the U.S. and 11 in Canada between 1960 and 2000. 384 WISE (2011) listed 33 major mine tailings dam failures between 1960 and 2006 in the 385 U.S. and USEPA (1995) described 66 such incidents. Davies (2002) considered these 386 as underestimates because of the number of unreported failures, and calculated an

387 annual failure rate of 0.06-0.1%. Because of various economic factors, the numbers of 388 serious and very serious tailings dam failures have increased markedly since 1960 389 (Bowker and Chambers 2015). Nordstrom et al. (1977) reported that since 1963, 390 California’s Sacramento River experienced more than 20 fish kills as a result of AMD 391 spills; in a 1967 spill, at least 47,000 fish died. In 1989, 5,000 salmonids died in 392 Montana’s Clark Fork River when AMD and copper tailings were flushed into the river 393 during a thunderstorm (Munshower et al. 1997). The Brewer Mine, South Carolina, 394 tailings dam failed in 1990, spilling 38 million liters of sodium cyanide solution and killing 395 all fish in the Lynches River for 80 km (USEPA 2005). AMD from a small British 396 Columbia copper mine destroyed 29 km of the Tsolum River, eliminating a once 397 productive salmon river (BCME 2011). In 1998, a tailings dam failure at the Los Frailes 398 Mine, Spain, released over 6 million m3 of acidic tailings that traveled 40 km and 399 covered an area of 2.6 million ha (ICOLD 2001). A 1985 failure of two tailings dams in 400 Italy released 190,000 m3 of tailings, which traveled to a village 4 km downriver in 6 401 minutes killing 269 people (ICOLD 2001). The tailings dam at the Aurul S.A. Mine, 402 Romania, failed in 2000, releasing 100,000 m3 of cyanide and heavy metal 403 contaminated water into the Somes, Tisza, and Danube Rivers, eventually reaching the 404 Black Sea and destroying aquatic biota for 1,900 km (ICOLD 2001). In 2014, tailings 405 dams failed at Imperial Metals Mount Polley Mine in British Columbia and Grupo 406 Mexico’s Buena Vista del Cobre Mine in Sonora. The Mount Polley spill released 15 407 million cubic meters of water and tailings into Hazeltine Creek changing its 2-m wide 408 channel into a 50-m wide toxic mudflat, and eventually contaminating part of once- 409 pristine Quesnel Lake. Rehabilitation costs are estimated at $600 million; an amount 410 Imperial Metals cannot afford. The Buena Vista del Cobre spill sent 40 thousand cubic 411 meters of copper sulfate and sulfuric acid into the Rio Sonora causing over $130 million 412 in damages.

413 Federal Laws and Regulations for Hard Rock Mining 414 The primary USA law governing hard rock mining, the General Mining Law of 1872, 415 makes mining a priority use on most federal lands in the Western USA, and was 416 originally intended to encourage economic growth. Despite deleterious impacts on other 16

417 resources, applications to mine public lands usually cannot be denied unless there is 418 clear potential for the degradation of nationally important waters. Even if millions of 419 dollars worth of minerals are extracted from federal lands, no royalties are required in 420 return (Bakken 2008), resulting in an estimated annual loss of $160 million to the USA 421 government (Pew Foundation 2009). The law remains in effect despite serious 422 environmental and economic issues caused by hard rock mining practices (Woody et al. 423 2010). For example, the law makes mining the de facto best use of federal lands, 424 unless otherwise designated by Congress. The 1872 law shifts mineral wealth from the 425 USA public to mining companies, whereas the exploitation of all other natural resources 426 on federal land (e.g. oil and gas, aggregates, coal, timber, and even grazing for 427 livestock) returns a royalty to the federal government.

428 Before passage of the Clean Water Act in 1972, mining companies frequently dumped 429 their tailings in the nearest lake or river, often with catastrophic consequences for those 430 water bodies, for fish, and for human health. The Clean Water Act effectively prohibited 431 these practices from 1972 until 2002. However, as the result of a regulatory change in 432 May, 2002, mine tailings and overburden were added to the list of material that could be 433 deposited as fill material into waters of the USA under a U.S. Army Corps of Engineers 434 (ACOE) §404 permit. See 40 CFR 232.2; 30 CFR 232.2(f). Previously fill was defined 435 as any material used for the primary purpose of replacing an aquatic area with dry land 436 or of changing the bottom elevation of a water body. The 2002 change allows dumping 437 of mine waste into any lake, river, stream, or the ocean, at the discretion of the ACOE. 438 So far this practice has been allowed at only one site, the Kensington mine is Alaska, 439 but the practice is potentially applicable anywhere in the USA.

440 In Canada, the deposit of tailings and other mining wastes into fish-bearing water 441 bodies is regulated by the Metal Mining Effluent Regulations (MMER), which were 442 developed under the Fisheries Act. If a natural fish-bearing water body will be used to 443 store mining waste, an equivalent amount of fish habitat must be created elsewhere as 444 compensation. For impacts from mines other than tailings storage, the Fisheries Act

445 applies. The Fisheries Act was revised in 2012, with the following prohibitions: “No 446 person shall carry on any work, undertaking or activity that results in serious harm to 447 fish that are part of a commercial, recreational or Aboriginal fishery, or to fish that 448 support such a fishery.” In the Fisheries Act, “serious harm to fish” is defined as “the 449 death of fish or any permanent alteration to, or destruction of, fish habitat” (Section 2). 450 If a mining project will result in serious harm to fish, the proponents must apply for an 451 authorization under section 35 (2) to proceed with the project, and must state how they 452 will mitigate and offset the serious harm to fish that are part of, or support, a 453 commercial, recreational or Aboriginal fishery. While such regulations may appear to be 454 adequate, they apply only to waters that support a fishery. Therefore, waters that are 455 not frequented by fish or that do not support a fishery are not covered under the Act and 456 will not be protected. These waters were covered by the Fisheries Act prior to the 2012 457 revision (Post and Hutchings 2013). However, under Schedule Two, even lakes with 458 valuable fisheries can be deemed tailings impoundment areas; such has occurred with 459 Sandy Pond, Labrador/Newfoundland, and 24 other lakes have been classified as 460 tailings impoundment areas (Nelson 2014).

461 In Mexico, there is no explicit mining law; however, the Norma Oficial Mexicana Nom. 462 001 Ecol of 1996 (Mexican Official Norm Number 001 Ecology) extends to mining. This 463 law specifies maximum permissible limits of pollutants that can be incorporated into 464 federal waters (lakes, rivers, reservoirs, coastal lagoons, swamps, creeks, marshes, 465 flood plains, sea, etc.) and national assets (forests, deserts, lands in general). If a water 466 body must be used to store waste of any kind, the entity must contact the Comisión 467 Nacional del Agua (National Commission for Water Bodies) to assess the case and to 468 establish conditions under which the activity could be permitted. The regulations do not 469 consider fishing activity per se, but establish that all water bodies must be preserved. 470 Although this regulation seems to be adequate, it is rarely followed or enforced.

471 In summary, the present legal frameworks in the USA Canada, and Mexico allow the 472 elimination of fisheries habitat by the direct disposal of mine waste. Because there are

473 economic incentives for mines to use lakes instead of constructed waste 474 impoundments, proposals to use natural water bodies for mine waste disposal are 475 expected to continue (Chambers et al. 2008).

476 Fossil Fuel Extraction 477 Physical and Chemical Effects on Aquatic Habitat 478 Coal mining follows a predictable sequence of events, whether it involves shaft mines or 479 surface mines. Roads or railroads are built to access areas of known deposits, and to 480 move the coal to processing facilities and distribution centers. Sometimes pipelines are 481 used for transporting coal slurry. Typically these activities are conducted in or around 482 water, and can negatively affect fish and fish habitat with different degrees of severity. 483 Mountain-top-removal-valley-fill (MTRVF) mining involves removing all or part of a 484 mountaintop to mine and then disposing of that overburden into small valleys near the 485 mine. This process leads to: (1) the permanent loss of springs and headwater streams, 486 (2) persistently altered water chemistry downstream, (3) chemical concentrations that 487 are acutely lethal to test organisms, and (4) significantly degraded macroinvertebrate 488 and fish assemblages (Wiley et al. 2001; USEPA 2009).

489 Although the effects are at a much smaller scale, surface mining temporarily eliminates 490 surface vegetation and permanently changes topography in a manner similar to MTRVF 491 mining. It also permanently and drastically alters soil and subsurface geologic structure 492 and disrupts surface and subsurface hydrologic regimes thereby altering stream 493 processes (Fritz et al. 2010). Altered patterns and rhythms of water delivery can be 494 expected, as well as changes in water quality. The backfilled, reclaimed surface mine 495 site constitutes a manmade, porous geological recharge area, where water percolates 496 through the fill to emerge as a seep or a spring. The sulphate concentrations (>250 497 µeq/L; Kaufmann et al. 1991) and conductivities (>1000 µS/cm; Pond et al. 2008) of 498 these leach waters can be an order of magnitude above background (Green et al. 2000; 499 Pond et al. 2008; USEPA 2009b), and they may flow even when drought conditions dry 500 up natural waters. Messinger and Paybins (2003) and Wiley and Brogan (2003) found

501 that peak stream discharges after intense rains were markedly greater downstream of 502 valley fills than in un-mined watersheds. USEPA (2005) and Ferrari et al. (2009) found 503 that MTRVF storm flows were similar to those of urban areas with large areas of 504 impervious surface; infiltration rates in reclaimed sites were 1-2 orders of magnitude 505 less than those of the original forest (Negley and Eshleman 2006). Green et al. (2000) 506 and Wiley et al. (2001) reported elevated percentages of sands and fines in stream sites 507 downstream from MTRVF compared to streams draining unmined areas.

508 The surface subsidence following longwall mining (where multiple parallel shafts are 509 drilled into mountainsides) can dewater stream reaches and divert flows into different 510 surface stream channels that are not adjusted to such increased flows. Many longwall 511 mines in the eastern USA produce alkaline mine drainage and greatly increase 512 chlorides and dissolved salts in the streams receiving mine effluent.

513 Fossil fuel combustion is fundamentally altering the global climate, sea levels, and 514 ocean chemistry (Orr et al. 2005; Dai 2013), as well as fish distributions (Bigford et al. 515 2010; Comte and Grenouillet 2013). In addition to climate change impacts, fossil fuel 516 combustion and atmospheric transport are associated with elevated and widespread 517 levels of mercury in fish tissue at concentrations of concern for both human and non- 518 human piscivores. Stoddard et al. (2005) found that elevated levels of fish tissue 519 mercury were associated with poor IBI scores throughout the western USA. Peterson et 520 al. (2007) reported that mercury in piscivorous fish exceeded mammalian piscivore and 521 human health consumption criteria in 93% and 57%, respectively, of the length of 522 western USA rivers. Landers et al. (2008) determined that fish in 86% and 42% of the 523 lakes in 14 western USA national parks exceeded mammalian piscivore and human 524 health consumption criteria, respectively. Eagles-Smith et al. (2014) found tissue 525 mercury levels of concern for avian and human piscivores in 35% and 68%, 526 respectively, of fish sampled from 21 western USA national parks from California to 527 Alaska.

528 Biological Effects 529 High selenium and ion concentrations (HCO −, Ca2+, SO 2−, Mg2+, K+, Na+, Cl−), 3 4 530 especially as measured by conductivity below MTRVF sites, produce strong negative 531 correlations with macroinvertebrate metrics (Stauffer and Ferreri 2002; Palace et al. 532 2004; Pond et al. 2008; USEPA 2009; 2010). Coal mining via MTRVF had subtle to 533 extreme effects on stream macroinvertebrate assemblages, including the loss of most 534 or all Ephemeroptera (mayflies), depending on the degree of mining disturbance in 535 Kentucky (Howard et al. 2001), and West Virginia streams (USEPA 2005; Merricks et al. 536 2007; Pond et al. 2008; Pond 2010). AMD contaminated streams often contain 537 elevated heavy metals, and can be devoid of most life (Cooper and Wagner 1973; 538 Kimmel 1983). Warner (1971) and Menendez (1978) found fewer macroinvertebrate 539 taxa and individuals in West Virginia streams polluted by AMD from coal mines than in 540 reference streams. All benthic macroinvertebrates were eliminated by AMD for 10 km 541 below a coal mine on a Virginia stream (Hoehn and Sizemore 1977). Soucek et al. 542 (2000) reported significant decreases in Ephemeroptera-Plecoptera-Trichoptera 543 (mayfly, stonefly, caddis fly) taxa richness and percent Ephemeroptera individuals in a 544 Virginia stream receiving continuous AMD from coal mines. Using water from Ohio 545 surface and underground coal mines and the mayfly Isonychia bicolor (rather than 546 standard toxicity test organisms) in 7-day toxicity tests, Kennedy et al. (2004) found that 547 mayfly survival significantly decreased relative to controls at conductivities of 1,562, 548 966, and 987 μS/cm. Pond et al. (2008) recorded an average of 10 µg/L selenium at 549 stream sites below valley fills, which exceed the 5 µg/L chronic criterion. In streams 550 draining Canadian coal mines, DeBruyn and Chapman (2007) found >50% abundance 551 declines in some invertebrate taxa at selenium concentrations of 5–100 μg/L.

552 Despite standard MTRVF reclamation practices (slope stabilization, flood control, 553 rehabilitation of soils/vegetation), the deleterious effects on aquatic biota of dissolved 554 ions associated with MTMVF effluent remain. In addition, the thousands of kilometers 555 of buried headwater streams have not been mitigated (Palmer et al. 2010). 556 Consequently, USEPA (2010) set a conductivity criterion of 300 μS/cm, which was 557 intended to prevent extirpation of 95% of the aquatic macroinvertebrate genera in the 21

558 central Appalachians. The effectiveness of that criterion has not yet been fully 559 assessed.

560 Streams contaminated with AMD have low fish taxa richness and abundance (Kimmel 561 1983). Cooper and Wagner (1973) reported fish severely affected at pH 4.5 to 5.5; 68 562 species were found only at pH levels greater than 6.4. Baldigo and Lawrence (2000) 563 observed reduced fish species richness and densities at a highly acidified site in the 564 Neversink River Basin of New York. Kaeser and Sharpe (2001) found that Slimy 565 Sculpin Cottus cognatus mortality increased, and normal spring spawning did not occur 566 in a Pennsylvania stream receiving episodically acidified spring flows. Holm et al. 567 (2003) found increased incidences of edema and spinal deformities in Rainbow Trout fry 568 and increased frequency of craniofacial deformities in Brook Trout S. fontinalis fry at 569 sites downstream of a coal mine with elevated selenium concentrations. Palace et al. 570 (2004) found that Bull Trout captured downstream from the same area had selenium 571 concentrations that would be expected to impair recruitment. Total and benthic fish 572 species richness were reduced by MTRVF in Kentucky and West Virginia streams 573 (USEPA 2005). In the upper Kentucky River watershed, Kentucky, Hopkins and Roush 574 (2013) found a negative association between MTRVF mean patch size and the 575 occurrence probability for four of the six taxa they evaluated. Hitt and Chambers (2014) 576 reported that compared to reference sites, West Virginia MTRVF sites had reduced fish 577 functional and taxonomic diversity, richness, abundance, and biomass, and increased 578 abundance of tolerant species. As with macroinvertebrates, high conductivities can be 579 directly or indirectly toxic to fish. For example, a longwall mine on the Pennsylvania- 580 West Virginia border altered Dunkard Creek total dissolved solids (TDS) producing a 581 golden algae bloom that killed fish, salamanders, mussels, and other 582 macroinvertebrates for 25 miles (Reynolds 2009).

583 Fish kills from coal mine infrastructure failures occur worldwide and not infrequently. 584 Recently, three such spills occurred: 40,000 L of coal processing chemical spilled into 585 Elk River, West Virginia from a Freedom Industries plant; 400,000 L of coal slurry spilled

586 into Fields Creek, West Virginia from a Patriot Coal facility; and 100 million L of coal ash 587 contaminated water spilled into the Dan River, North Carolina from a Duke Energy 588 plant. An October 2013 Sherritt International spill released 1 million m3 of coal slurry 589 into Apetuwon Creek, a tributary of the Athabasca River, and home to native Bull Trout 590 and Rainbow Trout (Klinkenberg and Pratt 2013). In 2008, the Tennessee Valley 591 Authority’s coal ash pond spilled over one billion gallons of fly ash contaminating the 592 Emory River and killing hundreds of fish (Sourcewatch 2010). The Black Mesa, Arizona, 593 coal slurry pipeline ruptured seven times between 1997 and 1999 and eight times in 594 2001–2002, including a 500-ton spill covering Willow Creek with 20 cm of sludge 595 (Ghioto 2002). In 2005, over 1 million liters of coal sludge spilled from the Century Mine, 596 Ohio, pipeline, killing most fish in Captina Creek (OEPA 2010). In 2000, the Martin 597 County Coal Corporation’s tailings dam failed, releasing over 100,000 m3 of coal waste, 598 turning 120 km of rivers and streams black, killing at least 395,000 fish, and forcing 599 towns along the Tug River, Kentucky to turn off their drinking water intakes (WISE 600 2008). In 1972, a coal waste impoundment above Buffalo Creek, West Virginia, failed, 601 killing 125 people, destroying 500 homes, and degrading water quality (ASDO No Date).

602 Federal Laws and Regulations for Fossil Fuel Extraction 603 The Surface Mining Control and Reclamation Act of 1977 (SMCRA, 25 U.S.C. § 1201), 604 which is administered by the Office of Surface Mining (OSM), governs coal mining in the 605 USA. In addition, the Clean Water Act (CWA), administered by the USEPA and the 606 ACOE, regulates fill or pollutants that enter surface and ground waters. SMCRA sets 607 national standards regulating surface coal mining and exploration activities and 608 regulates surface impacts of underground mining and required land reclamation. The 609 Act’s goals are to ensure prompt and adequate reclamation of coal-mined lands and to 610 provide a means of prohibiting surface mining where it would cause irreparable damage 611 to the environment. The CWA sets national standards for water quality with the 612 objective of restoring the physical, chemical and biological integrity of the Nation’s 613 waters. However, each state may acquire primacy and administer its own programs, 614 which must be no less stringent in environmental protection than the federal programs. 615 States with reclamation plans approved by the OSM also may administer their own 23

616 reclamation funds to ameliorate the health, safety, and environmental impacts from coal 617 mines abandoned prior to 1977.

618 Most mining in the eastern USA occurs on private lands and is regulated by state and 619 local laws. In the western USA, where there is more public land, much mining is 620 administered by federal agencies. The Clean Water Act Section 404 directs the USEPA 621 to set environmental standards for mining permits issued by the ACOE, and, gives the 622 USEPA the right to veto a permit. In 2011, the USEPA used this authority and vetoed a 623 permit for a mountain top mine that would bury >11 km of streams and degrade water 624 quality further downstream, citing “unacceptable adverse impacts to wildlife and fishery 625 resources” (Copeland 2013). That veto was overturned in a federal district court but 626 supported in a federal appeals court; similarly, various bills in the U.S. Congress have 627 sought recently to either strengthen or weaken USEPA regulation of MTRVF.

628 As with metal mining in Canada, the deposit of coal mining wastes into fish-bearing 629 water bodies is regulated under the Fisheries Act Section 2 and Section 35 (2) and 630 apply only to waters that support a fishery; those that are not will not be protected.

631 Similarly in Mexico, the Norma Oficial Mexicana Nom. 001 Ecol of 1996 (Mexican 632 Official Norm Number 001 Ecology) extends to coal mining. The regulations do not 633 consider fishing activity per se, and the law is rarely followed or enforced.

634 Oil and Gas Exploration and Development 635 Physical and Chemical Effects on Aquatic Habitat 636 Traditional oil and gas exploration and development generally follows a predictable 637 sequence of events. First, roads or trails are built to access the exploration area in 638 order to conduct the seismic surveys that are required to locate the oil and gas 639 reserves. After a reserve is located, an exploration well is drilled to evaluate the quality 640 and quantity of the oil or gas deposit. If the oil or gas deposit is large enough to be 641 economically viable, then production wells are drilled (INAC 2007). Pipelines are then 24

642 constructed to move the hydrocarbons to processing facilities and distribution centers 643 (Bott 1999; Schnoor 2013). Because these activities are often conducted in or around 644 water, they have the potential to negatively affect fish and fish habitat with different 645 degrees of severity. One of the main stressors resulting from oil and gas development 646 activities is sedimentation. The effects of suspended sediment on fish include clogging 647 and abrasion of gills (Goldes et al. 1988; Reynolds et al. 1989), impaired feeding and 648 growth (Sigler et al. 1984; McLeay1984), altered blood chemistry (Servizi and Martens 649 1987), reduced resistance to disease (Singleton 1985), altered territorial and foraging 650 behavior (Berg and Northcote 1985), and decreased survival and/or reproduction 651 (CCME 2002). Suspended sediments can indirectly affect fish by reducing plant 652 photosynthesis and primary productivity (due to decreased light penetration; Robertson 653 et al. 2006). Excess fine sediments on streambeds smother some benthic invertebrates 654 (Singleton 1985) and reduce macroinvertebrate assemblage condition (Bryce et al. 655 2010), leading to a reduced food supply for fish.

656 There are several other effects of oil and gas development on fish and fish habitat. One 657 is the restriction of fish passage by building roads and stream crossings. If fish cannot 658 reach their normal spawning grounds, they may spawn in inappropriate areas, re-absorb 659 their eggs (Auer 1996), or suffer from increased predation while waiting to reach their 660 spawning grounds (Brown et al. 2003). In addition, instantaneous pressure changes 661 (IPCs) caused by seismic surveys can kill fish or injure internal organs, such as the 662 swimbladder, liver, kidney, and pancreas (Govoni et al. 2003). Furthermore, equipment 663 leaks, pipeline ruptures, and fuel truck spills can all result in hydrocarbons contaminating 664 the environment. A substantial contribution to climate change results from methane 665 leakage in areas of coal, gas, and coalbed methane production and processing. For 666 example, approximately 10% of total USA methane emissions occurs in a methane cloud 667 over the Four Corners region of the Southwest USA (Kort et al. 2014).

668 Horizontal drilling with hydraulic fracturing (“fracking”) is increasingly employed to extract 669 oil and gas from rock throughout the USA. Major gas deposits occur and are being

670 fracked in the northern Appalachians, North Dakota, and in a wide band from the western 671 Gulf of Mexico Coast to Wyoming. As with the injection of hot water into the Alberta tar 672 sands, this technique for extracting oil and gas in the USA is relatively new, under-studied, 673 and to date only nominally regulated in the USA. Fracking for oil and gas has resulted in 674 instances of increased stream sediment loads, reduced water quality from toxic chemicals 675 and salts, increased water temperatures, increased migration barriers at road-stream 676 crossings, and reduced stream flows (Entrekin et al. 2011; Weltman-Fahs and Taylor 677 2013). Fracking wells and oil sands mines use considerable amounts of surface or 678 ground water (Weltman-Fahs and Taylor 2013). Water recycling is practiced but inevitably 679 some becomes unusable and must be stored in tailings ponds or injected underground, 680 both of which increase the risk of surface and ground water contamination. Shipment of 681 oil and gas by pipeline, barge, tanker, and truck mean increased probability of small, 682 large, and catastrophic spills. For example, recent pipeline failures (e.g., Kalamazoo 683 River, July 2010, 3,400,000 L; Yellowstone River, July 2011, 250,000 L and January 684 2015, 200,000 L) have called attention to the network of oil pipelines buried under rivers 685 and streams across the USA (AP 2012). Hazards from gas pipelines are evidenced by 686 the explosion of a Pacific Gas and Electric (PG&E) pipeline in San Bruno, California. In 687 that case, a federal grand jury charged PG&E with lying to National Transportation Safety 688 Board investigators regarding its pipeline testing, maintenance, and safety procedures, 689 and failing to act on threats identified by its own inspectors 690 (http://www.cbsnews.com/news/pacific-gas-electric-accused-of-lying-over-fatal-2010- 691 gas-explosion/; Accessed 23 March 2015). Because of the enormous pressures of 692 underground oil and gas deposits, ‘blow-outs’ are part of the industry. As with abandoned 693 metal and coal mines, the casings of abandoned oil and gas wells are likely to eventually 694 leak and contaminate surface and ground water (Dusseault et al. 2000). In parts of the 695 Appalachians, hydraulic fracturing for gas coincides with longwall coal mining, increasing 696 the risk of casing failure as the longwall advances through the gas field (Soraghan 2011).

697 Biological Effects 698 Small oil-spills occur frequently (García-Cuellar et al. 2004). When early life stages of 699 fish have been exposed to oil, and the polycyclic aromatic hydrocarbons (PAHs) within it, 26

700 mortality and blue-sac disease (craniofacial and spinal deformities, hemorrhaging, 701 pericardial and yolk sac edema, and induction of P450 [CYP1A] enzymes) have resulted 702 (Hose et al. 1996; Carls et al. 1999; Colavecchia et al. 2004; Schein et al. 2009). PAHs 703 reduce salmonid growth rates (Meador et al. 2006) and are carcinogenic and immunotoxic 704 to fish (Reynaud and Deschaux 2006). Sublethal PAH exposure can lead to fish lesions 705 (Myers et al. 2003); abnormal larval development and reduced spawning success 706 (Incardona et al. 2011); and reproductive impairment, altered respiratory and heart rates, 707 eroded fins, enlarged livers, and reduced growth (NOAA 2012). The dispersants used in 708 oil spills also facilitate dispersal of PAH across membranes, thereby increasing exposure 709 (Wolfe et al. 1997; 2001). In total, PAH exposure leads to reduced fish health and fish 710 populations (Di Giuilo and Hinton 2008). Because of the cumulative catchment-scale 711 effects of shale gas fracking, Smith et al. (2012) used existing empirical models describing 712 Brook Trout responses to landscape disturbance to estimate responses to gas 713 development. They concluded that fewer than one well pad per 3 km2 and 3 ha per pad 714 were needed to minimize damage to trout populations. Bamberger and Oswald (2012) 715 and Webb et al. (2014) have documented a wide range of health effects, ranging from 716 dermatological, reproductive and developmental to death, as a result of exposure to 717 fracking fluids and gases. Stacey et al. (2015) and Cil (2015) both found small but 718 statistically significant lower birth rates of infants in association with fracking wells. 719 However, because of inadequate study designs and pre- and post-monitoring, Bowen et 720 al. (2015) and USEPA (2015) were unable to detect consistent trends in fracking areas 721 from nationally collected data.

722 The Ixtoc I spill in the Gulf of Mexico had adverse effects on marine organisms (Blumer 723 and Sass 1972a, 1972b; Mironov 1972; Anderson et al. 1978; 1979). Different studies in 724 the region demonstrated that this spill adversely affected zooplankton (Teal and Howarth 725 1984; Guzmán del Próo et al. 1986), benthos and infauna (Teal and Howarth 1984), 726 shrimps and crabs (Jernelöv and Linden 1981), and turtles and birds (Garmon 1980; Teal 727 and Howarth 1984). Oil spills also effect fish larvae and eggs (Teal and Howarth 1984), 728 which can affect or disrupt recruitment, and therefore have long-term impacts on the 729 fisheries and the ecosystem in general (Teal and Howarth 1984; Hjermann et al. 2007). 27

730 In fact, this spill affected fish landings in the State of Campeche, where the accident 731 occurred, 3 years after the incident: a decrease of 30 tons/per boat was observed, and 732 the catch composition also changed from before to after the spill, reflecting an increase 733 in more tolerant taxa and smaller and shorter-lived individuals. These diminished returns 734 affected the economy, especially of Campeche (Amezcua-Linares et al, 2013). Also the 735 diversity, biomass and abundance of finfish species decreased drastically immediately 736 after the spill in the area surrounding the oil well (Amezcua Linares et al., 2013).

737 Despite 30 years of tar sands mining near Fort McMurray, Alberta, little measureable 738 impact has been observed on biota or water quality. However, there is evidence of 739 increased PAH concentrations in river water (Gosselin et al. 2010) and lake sediments 740 (Kurek et al. 2013) coincident with oil sands development. Nonetheless Daphnia have 741 not been affected by increased PAH deposition. Kelly et al. (2010) found that 13 priority 742 pollutants were higher near oil sands development than they were upwind or upstream. 743 Ross (2012) demonstrated that toxic naphthenic acids originate from oil sands process 744 water, but also occur naturally in regional ground waters and may enter surface waters 745 from anthropogenic or natural sources. Analyzing data for 24-31 years, Evans and 746 Talbot (2012) reported reduced, or no change in, fish tissue mercury concentrations in 747 oil sands area fish when analyses were calibrated by fish weight and sample type 748 (whole body versus filet; Peterson et al. 2005). However, the aquatic biological 749 monitoring programs may be insufficiently rigorous to detect other than substantial 750 effects (Gosselin et al. 2010).

751 Major Spills 752 In recent years, oil trains have derailed, spilled oil or burned explosively in Aliceville, 753 Alabama; Casselton, North Dakota; Denver, Colorado; Gainford, Alberta; Gogama, 754 Ontario; Lac-Megantic, Quebec; Lynchburg, Virginia; Mount Carbon, West Virginia; 755 Philadelphia, Pennsylvania; Plaster Rock, New Brunswick; Timmins, Ontario; and 756 Vandergrift, Pennsylvania. Oil trains are projected to derail at a rate of about 10 per 757 year, resulting in estimated damages of $4 billion over the next 20 years (Brown and

758 Funk 2015). Although the total amount of PAHs released into the environment from 759 daily transporting and use of oil and gas exceeds that of major spills, those major spills 760 help us see the effects of PAHs on aquatic life. The Deepwater Horizon explosion and 761 spill in 2010 was the largest in US history, spilling an estimated 670,000 tons of oil into 762 the Gulf of Mexico. Its effects are still being studied, but fish deformities and fisheries 763 closures cost the industry an estimated $2.5 billion. British Petroleum (BP) was fined 764 $18.7 billion for civil settlements in addition to its $4 billion in criminal fines (USDJ 765 2012), much of which can be written off as business expenses from its taxes (Keller 766 2015). The Exxon Valdez ran aground on a reef in Prince William Sound, Alaska, in 767 1989 and spilled 38,500 tons; despite cleanup efforts fisheries were markedly reduced 768 and much of the oil remains in sediments. Exxon settled for $1.03 billion in criminal and 769 civil penalties, but is still in court regarding additional penalties (USGAO 1993). The 770 PEMEX IXTOC 1 well off the coast of Mexico exploded and spilled 480,000 tons of oil in 771 1979. Fisheries were closed and estuarine and lagoon species were reduced 772 dramatically (see Biological Effects above). As a national company PEMEX declared 773 immunity and paid no fines because governments do not fine themselves. A blowout on 774 Union Oil Platform A in 1969 spilled 14,000 tons of oil in the Santa Barbara Channel, 775 California. Although fish populations showed initial declines, the long-term effects 776 probably were minimized by microbial decomposition of the oil. Union Oil paid a total of 777 $21.3 million in damages (Wikipedia 2013). In most spills the lack of a statistically and 778 scientifically rigorous pre- and post-spill monitoring program with standard methods and 779 indicators hinder quantitative assessment of fishery effects. Such programs should be 780 implemented wherever—and before--mining and fossil fuel developments (and spills) 781 occur (Hughes 2014b; Lapointe et al. 2014; Bowen et al. 2015).

782 Federal Laws & Regulations

783 The U.S. Energy Policy Act of 2005 exempts oil and gas production from regulation 784 under the CWA, Safe Drinking Water Act (SDWA)2, the Resource Conservation and 785 Recovery Act (RCRA)3, CERCLA, and the Toxic Release Inventory (TRI)4.

786 In Canada, the federal government is responsible for control of oil and gas exploration 787 in Nunavut, and Sable Island, as well as offshore. Using the Canada Oil and Gas 788 Operations Act, the federal government attempts to promote safety, environmental 789 protection, conservation of oil and gas resources, joint production arrangements, and 790 economically efficient infrastructure during the oil and gas exploration and development 791 process. Elsewhere, each province, as well as Yukon territory, has jurisdiction, except 792 where federal lands and First Nations are involved. Therefore, primary responsibility for 793 regulating surface mining development and associated impacts lies with the provinces, 794 which, as with U.S. states, tend to be more lenient than the federal government.

795 The National Energy Board (NEB), an independent Canadian federal agency, regulates 796 oil and gas exploration, development, and production in Frontier lands and offshore 797 areas that are not covered by provincial or federal management agreements. In 798 addition, the NEB must approve all interprovincial and international oil and gas pipelines 799 before they are built. The NEB takes economic, technical, and financial feasibility, as 800 well as the environmental and socio-economic impact of the project, into account when 801 deciding whether a pipeline project should be allowed. If a pipeline lies entirely within 802 one province then it is regulated by the appropriate provincial regulatory agency.

2 The Safe Drinking Water Act (SDWA), enacted in 1974, is the principal federal law in the USA intended to ensure safe drinking water for the public. 3 The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the USA governing the disposal of solid waste and hazardous waste. 4 The Toxics Release Inventory (TRI) is a publicly available database containing information on toxic chemical releases and other waste management activities in the USA. 30

803 As with mining, the pollution of water bodies by oil and gas in Mexico is also regulated 804 by the Mexican Official Norm Number 001 Ecology.

805 Aggregate Mining 806 Aggregate is used in the construction and transportation industries. Aggregate is the 807 most commonly mined resource, and is also the least regulated form of mining. In the 808 USA, 80% of aggregate is extracted under the jurisdiction of state and local laws only 809 (Swanson 1982). The most important sources of sand and gravel are river channels, 810 floodplains, and previously glaciated terrain.

811 Physical Effects on Aquatic Habitat 812 Instream mining alters local channel morphology (gradient, width-to-depth ratios) and 813 gravel bar mining effectively straightens the river during bank-full flows. The resulting 814 increase in stream power can incise beds upstream or downstream from a mine 815 (Kondolf 1994; Meador and Layher 1998; NOAA-Fisheries 2004). Although prohibited 816 in much of Canada, dredging is widely employed in U.S. rivers and can increase fine- 817 sediment bed load through resuspension, alter channel morphology, physically 818 eliminate benthic organisms, and destroy fish spawning and nursery areas, all of which 819 change aquatic community composition (OWRRI 1995; IMST 2002; NOAA-Fisheries 820 2004). Instream gravel mining in three Arkansas rivers was associated with increased 821 bankful widths and turbidity, longer pools, and fewer riffles (Brown et al. 1998). Dry bar 822 scalping in the Fraser River, British Columbia, reduced high-flow fish habitat by 25% 823 (Rempel and Church 2009). Instream aggregate mining also ignores natural bed load 824 requirements for channel maintenance (Meador and Layher 1998). Where potential 825 bedload is lost upstream to mined gravel bars, rivers erode gravel downstream from 826 river banks, beds, gravel bars, and bridge pilings (Dunne et al. 1981; Kondolf 1997). 827 Gravel extraction rates have exceeded replenishment rates by more than 10 fold in 828 Washington (Collins and Dunne 1989) and 50 fold in California (Kondolf and Swanson 829 1993) rivers, causing bed incision and lateral migration in the mined reaches and 830 downstream. Channel incision, bank erosion, and altered channel stability can reduce

831 riparian vegetation (Kondolf 1994). Floodplain aggregate mines become part of the 832 active channel when viewed on a multi-decadal time scale (Kondolf 1994). Aquatic 833 habitats may be lost during floods when mine pits in flood plains capture the river 834 channel (Kondolf 1997; Dunne and Leopold 1978; Woodward-Clyde Consultants 1980; 835 USFWS 2006).

836 Biological Effects 837 The biological effects of aggregate mining have been little studied. Brown et al. (1998) 838 reported reduced densities of macroinvertebrates and fish at gravel mined sites. Gravel 839 dredging in the Allegheny River, Pennsylvania, USA, decreased benthic fish abundance 840 and altered food webs (Freedman et al. 2013). However, Bayley and Baker (2002) 841 demonstrated how proper rehabilitation projects can convert gravel mines into regularly 842 inundated floodplains and appropriately graded floodplain lakes with restored riverine 843 connectivity and habitats that are highly productive for fish (DOGAMI 2001).

844 PROPOSED AFS POLICY 845 (Adapted from ICMM 2003; International Labor Organization Convention 169 1989; 846 Miranda et al. 2005; NMFS 1996; USFWS 2004; Nushagak-Mulchatna Watershed 847 Council 2011; O’Neal and Hughes 2012; Woody et al. 2010; Wood 2014)

848 Increasingly, people have begun to recognize the social and environmental costs of 849 irresponsible behavior and the inability of current state/provincial and national laws and 850 regulations to protect vulnerable environments and human societies, especially in 851 regards to extractive industries (Wood 2014). International agreements have led to 852 common principles for development: precautionary principle, sustainable economies, 853 equity, participatory decision making, accountability, and transparency, efficiency, and 854 polluter pays. Additional human rights principles include: existence as self-determining 855 societies with territorial control, cultural integrity, a healthy and productive environment, 856 political organization and expression, and prior and informed consent to development 857 activities that affect territories and livelihoods. Sustainable natural resource

858 management incorporates obligations to future generations because degraded 859 resources are transferred to future generations (Hughes 2014a; Wood 2014), and 860 obligations to future generations are incorporated in USA federal law (e.g., NEPA 1969; 861 FWPCA 2002). Boulding (1970) argued that a society’s long-term welfare is governed 862 by the degree to which its citizens identify with their society in space and time (including 863 the future). Thus, AFS recommends that four overarching issues should be considered:

864 Involve the affected public in deciding whether a mine or well is the most 865 appropriate use of land and water. The concept and application of free, prior, and 866 informed consent (FPIC) is the basis for public involvement/community engagement. 867 There is no universally accepted definition of FPIC, and as fashioned FPIC itself applies 868 only to indigenous communities. The IFC (2012) has attempted to provide guidance for 869 its clients in the application of FPIC (IFC, 2012, Guidance Note 7), and there are 870 numerous efforts today to apply the FPIC principles in a similar manner to include all 871 affected communities and, where appropriate, to include other stakeholders as well (e.g. 872 IFC, 2012, Guidance Note 1; Wood 2014).

873 The International Union for the Conservation of Nature (IUCN) and the Convention of 874 Wetlands (Ramsar) provides an internationally accepted means of prioritizing lands 875 designated as environmentally and socially significant for protection. Mining and oil/gas 876 drilling should not occur in or bordering IUCN I–IV protected areas, marine protected 877 areas (categories I–VI), Ramsar sites that are categorized as IUCN I–IV protected 878 areas, national parks, monuments or wilderness areas, areas of high conservation value 879 (scenic, drinking water, productive agricultural, fisheries & wildlife areas, aquatic 880 diversity areas, sensitive, threatened & endangered species habitats, regionally 881 important wetlands and estuaries), or where projects imperil the ecological resources on 882 which local communities depend. For an example of the potential effects of a proposed 883 copper mining district on aboriginal, sport, and commercial fisheries see USEPA (2014).

884 Minimize risk before mining or drilling. No mine should be permitted that will require 885 mixing zones or perpetual active management to avoid environmental contamination or 886 to maintain flows in receiving waters. No mine should be permitted that could result in 887 acid mine drainage during operation or post-closure unless the risk of such drainage 888 can be eliminated by methods proven to be effective at mines of comparable size and 889 location. Financial sureties for mines should be disclosed and analyzed as a part of the 890 public review process, for example in an Environmental Impacts Statement/Analysis. In 891 political jurisdictions where mixing zones or perpetual water treatments are allowed, the 892 affected public should be directly engaged in approving mixing zones or perpetual water 893 treatment since they bear the ultimate environmental and/or financial responsibility for 894 the impacts of these practices. There should be no presumption in favor of mineral 895 exploration or development as the most appropriate land use. Where there is scientific 896 uncertainty regarding the impacts of proposed mineral exploration or a mine or oil/gas 897 field on the water quality and subsistence resources of the community, such activities 898 should not proceed until there is clear and convincing scientific evidence that they can 899 be conducted in a safe manner. In other words, the burden of proof of no impact should 900 be on the company versus the local citizens as is true for the pharmaceutical and 901 biocide industries that purposely produce or release toxic compounds (for a mining 902 example, see USEPA 2014).

903 Ensure environmentally responsible mine development. The proposed mineral 904 exploration project and its potential impacts should be made publicly available to area 905 residents in an appropriate language and format at least 6 months before exploration 906 begins. Companies should be required to provide adequate financial guarantees to pay 907 for prompt cleanup, reclamation, and long-term monitoring and maintenance of 908 exploratory wells, borings or excavations. Stakeholders should be given adequate 909 notification, time, financial support for independent technical resources, and access to 910 supporting information, to ensure effective environmental impact assessment (EIA) 911 review. Companies should be required to collect adequate baseline data before the EIA 912 and make it publicly available on easily accessible computer databases. Potential 913 resource impacts of the mining or oil/gas facility (including the sizes and types of mines 34

914 and tailings storage facilities, oil/gas field extent, surface and ground water, 915 hydromorphological changes, fugitive dust, fish and wildlife, power, road and pipeline 916 access, road/rail/pipeline stream crossings/proximity, worker infrastructure, and 917 expansion potentials) should be fully evaluated in the EIA. Companies should be 918 required to conduct adequate pre-mining and operational mine sampling and analysis 919 for acid-producing minerals, based on accepted practices and appropriately 920 documented, site-specific professional judgment. Sampling and analysis should be 921 conducted in accordance with the best available practices and techniques by 922 professionally certified geologists. Companies should be required to evaluate 923 environmental costs (including regulatory oversight, reclamation and mitigation, closure, 924 post-closure monitoring and maintenance, and spills and catastrophic failures) in the 925 EIA. The assessment should include worst-case scenarios, analyses and plans for 926 potential off-site social and environmental impacts, including those resulting from 927 cyanide transport, storage and use; emergency spill responses and facilities; tailings 928 dam and pipeline failures, and river channel erosion. Importantly, affected communities 929 must be provided with opportunities to meaningfully participate in the reviews of 930 Environmental Impact Statement (EIS)/Environmental Assessments (EA) (Wood 2014). 931 Companies should be required to work with potentially affected communities to identify 932 potential worst-case emergency scenarios and develop appropriate response 933 strategies. Companies proposing developments should consider any affected First 934 Nations and tribal treaty rights and respect First Nation and tribal traditional use areas 935 whether on or off reserve lands.

936 Regarding air and water contamination and use, companies should make reports of 937 fracking chemicals and contaminant discharges to surface and ground waters publicly 938 available as collected. Companies also should be required to monitor and publicly 939 report atmospheric emissions (particularly toxics, metals and sulphates). A 940 professionally certified expert should certify that water treatment, or groundwater 941 pumping, will not be required in perpetuity to meet surface or groundwater quality 942 standards beyond the boundary of the mine. Water and power usage and mine 943 dewatering should be minimized to reduce undesirable impacts on ground and surface 35

944 waters, including seeps and springs. When permit violations occur, companies should 945 rapidly implement corrective actions to limit damages and fines. The environmental 946 performance of mines and oil/gas companies and the effectiveness of the regulatory 947 agencies responsible for regulating mines and oil/gas fields should be audited annually, 948 and the results made publicly available. Communities should have the right to 949 independent monitoring and oversight of the environmental performance of a mine or 950 well field. Tailings impoundments and waste rock dumps should be constructed to 951 minimize threats to public and worker safety, and to decrease the costs of long-term 952 maintenance. If groundwater contamination is possible, liners should be installed and 953 facilities should have adequate monitoring and seepage collection systems to detect, 954 collect, and treat any contaminants released in the immediate vicinity. Acid-generating 955 and radioactive material should be isolated in waste facilities and hazardous material 956 minimization, disposal, and emergency response plans should be made publicly 957 available. Rivers, floodplains, lakes, estuarine, and marine systems should not be used 958 for oil/gas, mining, or mine waste disposal. Mines, wells, pipelines, roads, and disposal 959 areas should be distant from surface and ground waters to avoid their contamination. 960 Mine operators should adopt the International Cyanide Management Code, and third- 961 party certification should be used to ensure safe cyanide management is implemented.

962 Companies should be required to develop a reclamation plan before operations begin 963 that includes detailed cost estimates. The plan should be periodically revised to update 964 changes in mining and reclamation practices and costs. All disturbed areas should be 965 rehabilitated consistent with desirable future uses, including re-contouring, stabilizing, 966 and re-vegetating disturbed areas. This should include the salvage, storage, and 967 replacement of topsoil or other acceptable growth media. Aggregate mines should be 968 designed to improve and increase off-channel and wetland habitat along rivers. 969 Quantitative standards should be established for re-vegetation in the reclamation plan, 970 and clear mitigation measures should be defined and implemented if the standards are 971 not met. Where acid-generating or radioactive materials are exposed in the mine wall, 972 companies should backfill the mine pit if it would minimize the likelihood and 973 environmental impact of acid generation or radiation. Backfilling options must include 36

974 reclamation practices and design to ensure that contaminated or acid-generating 975 materials are not disposed of in a manner that will degrade surface or groundwater. 976 Companies should be required to backfill underground mines where subsidence is likely 977 and to minimize the size of waste and tailings disposal facilities. Reclamation plans 978 should include plans and funding for post-closure monitoring and maintenance of all 979 mine facilities and oil and gas wells, including surface and underground mine workings, 980 tailings, and waste disposal facilities.

981 Adaptive management plans at the basin scale should exist and be followed rigorously 982 for mines and wells (e.g., ISP 2000, NOAA 2004; NRC 2004; Goodman et al. 2011). 983 Those plans should include clear goals, objectives, expectations, research questions, 984 alternatives, conceptual models, and simulation models. The plans should include 985 appropriate study designs (BACI, probability) and standard sets of quantitative and 986 socially and ecologically informative indicators that are monitored through the use of 987 standard methods to assess the ecological effectiveness of management practices (i.e., 988 performance-based standards; e.g., Roni 2005; Hughes and Peck 2008; Roni et al. 989 2008). Monitoring indicators should include ground and surface water quality, and 990 sediment quality, tissue chemistry, flow regime, physical habitat structure, and biological 991 assemblages (fish, benthic macroinvertebrates, algae, riparian vegetation, human 992 health). For many indicators both intensive (e.g., five water samples in a 30-d period 993 during high- and low-flow periods) and extensive (e.g., monthly water samples) 994 monitoring is required to evaluate mining-related effects. Fish sampling should be 995 conducted during base flows and during major migratory periods; for other variables 996 (e.g., benthic macroinvertebrate and algal assemblage structure), annual base flow 997 sampling is required. Environmental monitoring must be included as a pre-condition of 998 the mine permit and paid for by the company. All data, including quality 999 assurance/quality control data, should be collected by an independent entity, and stored 1000 in a computer database that is easily accessible by the public. Funding for the 1001 monitoring should be stable before, during, and after the term of the mine. There 1002 should be a single lead agency with a single lead scientist responsible for implementing 1003 the monitoring, research, data management and analyses, and reporting of the 37

1004 monitoring team. The data analyses should lead to defensible, science-based decisions 1005 regarding management alternatives, and those decisions should be fully documented 1006 and defensible with data and underlying rationale. Regarding aggregate mines, the lead 1007 agency should develop a sediment budget, including removal and transport rates, at a 1008 basin scale. In all mining and fossil fuel extraction cases, long-term BACI monitoring of 1009 reference and altered sites needs to be conducted to support effects assessment and 1010 management decisions (Irvine et al. 2014; Bowen et al. 2015).

1011 Financial sureties (bonds, trust funds, insurance) should be reviewed and upgraded on 1012 a regular basis by the permitting agency, and the results of the review should be 1013 publicly disclosed. The public should have the right to comment on the adequacy of the 1014 reclamation and closure plan, the adequacy of the financial surety, and completion of 1015 reclamation activities prior to release of the financial surety. Financial surety 1016 instruments should be independently guaranteed, reliable, and readily liquid to cover all 1017 possible costs of mine, oil/gas field, and post-closure failures—including litigation. 1018 Sureties should be regularly evaluated by independent analysts using accepted 1019 accounting methods. Self-bonding or corporate guarantees should be prohibited. 1020 Financial sureties should not be released until reclamation and closure are complete, all 1021 impacts have been mitigated, and cleanup and rehabilitation have been shown to be 1022 effective for decades after mine or oil/gas field closure.

1023 Ensure that appropriate governance structures are in place. Corporate governance 1024 policies should be made public, implemented, and independently evaluated. 1025 Companies should report their progress toward achieving concrete stated 1026 environmental and social goals through specific and measurable biological and 1027 environmental indicators that can be independently monitored and verified. That 1028 information should be disaggregated to site-specific levels. Companies should report 1029 money paid to political parties, central governments, state or regional governments, and 1030 local governments. These payments should be compared against revenues 1031 governments receive and government budgets.

1032 To ensure the above rights and practices, strong and honest central and local 1033 governments must exist, including laws, regulations, monitoring funds and staff, and the 1034 will and capacity to enforce the laws and regulations (Wood 2014). In that regard, 1035 several weaknesses of the U.S. General Mining Law of 1872 need strengthening. 1036 Necessary fiscal reforms include: ending patenting (which extends ownership for far 1037 less than land values), establishing royalty fees (similar to the 8%--12.5% paid by the 1038 fossil fuel industry for use in land and water rehabilitation), ensuring adequate 1039 reclamation bonding, establishing regulatory fees (to cover permitting, rigorous 1040 effectiveness monitoring, enforcement infrastructure, and research), and creating funds 1041 to clean up abandoned mines (currently estimated at $32–72 billion) (Woody et al. 1042 2010). Likewise, the regulatory exemptions for the oil and gas industry (Halliburton 1043 loopholes) in the U.S. Energy Policy Act of 2005 should be rescinded. Needed mine and 1044 oil and gas field oversight improvements include independent peer review from 1045 exploration to closure, and rigorous effectiveness monitoring and reporting by 1046 independent consultants. The peer review and monitoring results should be released 1047 directly to the public and oversight agencies for review (Woody et al. 2010). 1048 Unannounced inspections should be mandatory. Failure to address mining and drilling 1049 violations successfully should result in the cessation of operations until they are 1050 appropriately corrected. New or renewed permits by the company should not be 1051 considered until reclamation at other sites has been deemed successful by the 1052 regulatory agencies and stakeholders involved. Mining and oil and gas companies and 1053 persons with a history of serious violations nationally or internationally should be 1054 ineligible for new or renewed permits and liable for criminal proceedings. Citizens 1055 should have the right to sue in federal and state courts when companies or agencies fail 1056 to implement best management practices. Mine permitting and reclamation sureties 1057 should include the risks of tailings dam failures resulting from human error, 1058 meteorological events, landslides, and earthquakes. An aggressive and coordinated 1059 research program regarding mining and oil and gas fracking practices and the 1060 environmental impacts of mining and oil and gas fracking are needed (National 1061 Academy of Sciences 1999; USEPA 2004; Entrekin et al. 2011; Weltman-Fahs and 1062 Taylor 2013; Bowen et al. 2015).

1063 CONCLUSIONS 1064 Because of the substantial and widespread effects of mining and oil/gas extraction on 1065 hydromorphology, water quality, fisheries, and regional socioeconomics; and the 1066 enormous unfunded costs of abandoned mine and oil/gas field reclamation; the AFS 1067 recommends that governments develop immediate and substantive changes in 1068 permitting, monitoring, and regulating mines and oil/gas fields. In addition, firms that 1069 mine and drill in North America should be held to the same mining and drilling standards 1070 on other continents to reduce the likelihood of simply shifting their activities to other 1071 areas of the ecosphere where regulatory standards are weaker. Companies and 1072 governments that follow the recommended AFS mining policy should be actively and 1073 openly commended, whereas those that do not should be made open to public scrutiny.

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1916 Figure Captions:

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1918

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1922

1923 Figure 1. Mines in the conterminous US (n=93,674). Coal mine data points include coal mines (n=64,541) and support 1924 mining activities (n=96,710; not included in total for U.S. (USGS 2012). Hard rock and aggregate mine data points 1925 (n=6,785) comprise non-energy mining actives including ferrous, gravel, precious, and non-precious mineral mining and 1926 processing (USGS 2009). Uranium mine data points (n=22,348) are from USEPA (2006).

Figure 2. Percent generally intolerant fish individuals as a function of mine density for the conterminous US (n=33,538). Mines include coal mine and support mining activities (USGS 2012), hard rock and aggregate mine data points (USGS 2009), and uranium mines (USEPA 2006). Intolerant fish species are from Whittier et al. (2007) and Grabarkiewicz and Davis (2008). Fish data provided by National Fish Habitat Partnership (W.M. Daniel, D.M., Infante, K., Herreman, D., Wieferich, A. Cooper, P.C., Esselman, and D. Thornbrugh, Michigan State University, unpublished data)